Expungement of Criminal Records in Massachusetts

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criminal records


A criminal record can be a bar to certain types of employment, licensing, holding public office, and even the right to vote. Most states allow for a process called expungement that will remove certain arrests or criminal convictions from the offender’s record.


Depending upon the laws of the state in which you live and the nature of the crime, you may be able to get an arrest or conviction sealed or erased from your legal record. After the expungement process is complete, you will not need to disclose the conviction on a job or school application, and in most instances no record of the arrest or conviction will show up during a public records inspection or background check commonly done by potential employers, landlords, and educational institutions.


There is no provision for expunging convictions in Massachusetts. Massachusetts General Laws (G.L.) Chapter 276, § 100C contains provisions for the immediate sealing of adult records in cases involving acquittal or dismissal of criminal charges. G.L.c. 276 § 100A provides for sealing of adult records after a 10 to 15 year waiting period. G.L.c. 276, § 100C and G.L.c. 276, § 100A both allow a person to lawfully state that no record exists upon an employment application and prevents the sealed records from disqualifying the subject person from public employment. However, G.L.c. 276, § 100C provides that after a finding or verdict of guilty on a subsequent offense such sealed record shall be made available to the probation officer and the same, with the exception of a not guilty, a no bill, or a no probable cause, shall be made available to the court.


Those with a felony conviction in Massachusetts must have a spotless record for 15 years before they can file for an expungement. If the felony was a sexual offense it is not eligible for expungement in Massachusetts. Most DUI arrests and convictions can be expunged as long as the individual has met any court ordered probation or testing.


Massachusetts juveniles must wait three years to have records sealed under G.L.c. 276, § 100B. There must be no adjudications of delinquency or guilt of other crimes during the three year period. If the records are sealed, they may not be used to disqualify the subject person from public employment, but may be used in imposing sentence for subsequent offenses in delinquency or criminal proceedings in Massachusetts.


The USLegal website also gives a full overview of expungement law in the state of Massachusetts.